In re Aubrey B.
The minor, was removed from the custody of her guardians, after a Welfare and Institutions Code section 300 petition was filed alleging that defendant physically abused minor, the daughter of Rodney and stepdaughter of defendant.
The Kern County Department of Human Services filed a petition for modification seeking to terminate the guardianship established in the probate court, and the attorney for Aubrey filed a motion to terminate the guardianship. The dependency court denied the petitions. The department then filed a new petition seeking reconsideration, under the authority of Code of Civil Procedure section 1008, of the prior order claiming it had obtained further evidence of abuse by defendant and Rodney against their natural children and stepchildren. The dependency court granted the department’s petition and terminated the guardianship.
Rodney appeals, arguing the dependency court did not have evidence sufficient to justify a new hearing and did not have jurisdiction to terminate the guardianship under Code of Civil Procedure section 1008. In a separate appeal, Denise raises the same challenge. Court affirmed.
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